Barbados: Treatment of sexual minorities, including legislation, state protection and support services; social attitudes towards bisexuality (2013-November 2015)

1. Legislation

Sources state that homosexual acts are illegal in Barbados (Freedom House 2015; US 25 June 2015, 12; Jackman 15 Oct. 2015), with a maximum sentence of life imprisonment (ibid.). According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), it is illegal for both male and female same-sex couples (ILGA May 2015, 87). The Barbadian Sexual Offences Act of 1992 (amended 1993), Chapter 154 states the following:

Buggery

Section 9. "Any person who commits buggery is guilty of an offence and is liable on conviction on indictment to imprisonment for life.

Serious indecency

...

Section 12. (1) A person who commits an act of serious indecency on or towards another or incites another to commit that act with the person or with another person is guilty of an offence and, if committed on or towards a person 16 years of age or more or if the person incited is of 16 years of age or more, is liable on conviction to imprisonment for a term of 10 years.

(2) A person who commits an act of serious indecency with or towards a child under the age of 16 or incites the child under that age to such an act with him or another, is guilty of an offence and is liable on conviction to imprisonment for a term of 15 years.

(3) An act of "serious indecency" is an act, whether natural or unnatural by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire. (Barbados 1992)

In a study about support for anti-gay laws in Barbados, Guyana and Trinidad and Tobago, Mahlia Jackman, of the Cathie Marsh Institute for Social Research of the University of Manchester, states that "in spite of the gender neutrality of Barbados' laws on acts of serious indecency, ... they are often mischaracterised as applying to individuals of a specific sexual orientation. Thus, the laws have symbolic power and lends to the marginalisation of homosexuals" (Jackman15 Oct. 2015, 2).

1.1 Enforcement

Sources state that the legislation banning homosexual acts is rarely enforced (Freedom House 2015, 2; Jackman 15 Oct. 2015). The US Department of State's Country Reports on Human Rights Practices for 2014 states that there were "no reports of the law being enforced" during the reporting period (US 25 June 2015, 12). According to the UN Human Rights Council's Report of the Working Group on the Universal Periodic Review, Barbados government representatives stated that persons in same-sex relationships "were not prosecuted, since without a complaint there could be no successful prosecution of such acts" and that individuals in same-sex relationships "were unlikely to complain to the police" (UN 12 Mar. 2013, para. 21).

2. Situation and Treatment by Society

2.1 Societal Perceptions

Sources cite data from a 2013 survey by Caribbean Development Research Services (CADRES) (Jackman 15 Oct. 2015, 2; Barbados Today 21 Nov. 2014), in which a random sample of 830 Barbadians were surveyed about their attitudes towards homosexuals (Jackman 15 Oct. 2015, 2-3). The survey reportedly found that approximately 58 percent of heterosexual respondents from Barbados supported maintaining the current laws banning same-sex activity, while approximately 24 percent did not support the current laws (Jackman 15 Oct. 2015, 4; Barbados Today 21 Nov. 2014). Sources further state that the remaining 22 percent were not sure (Jackman 15 Oct. 2015, 4) or did not comment (Barbados Today 21 Nov. 2014). The survey also reportedly found that approximately 46 percent of respondents from Barbados supported the enforcement of the current laws (Barbados Today 21 Nov. 2014; Jackman 15 Oct. 2015, 4), while approximately 26 percent did not support enforcement and 28 percent did not know (ibid.).

According to an article by the LGBT rights activist Maurice Tomlinson, which was posted on the blog Erasing 76 Crimes [1], there is a "culture of tolerance" in Barbados (Tomlinson 6 Mar. 2013). Barbados Today, citing the CADRES survey, reports that among survey respondents in Barbados, 67 percent identified themselves as either "'tolerant'" or "'accepting'" of homosexuals, 17 percent identified as "'homophobic'" and 16 percent as "'unsure'" (Barbados Today 21 Nov. 2014).

2.2 Treatment by Society

According to Country Reports 2014, discrimination against LGBT individuals was one of "[t]he most serious human rights problems" in Barbados (US 25 June 2015, 1). Citing a presentation by the NGO Barbados Gay, Lesbians and All-Sexuals Against Discrimination (B-GLAD), based on their 2014 report, The State of LGBT Barbados: A Brief Overview, Barbados Today reports that the LGBT community in Barbados faces "'covert oppression'" and quote the following statement from the report:

[Those LGBT in Barbados] do not largely suffer from violent hate crimes on the basis of their sexual orientation or gender identity. Instead, stigma and discrimination … is often manifested in the forms of property damage, ostracism and verbal abuse from strangers and family alike, unjustified denial of employment, denial of housing, rejection and abandonment [by] family, friends and … society at large. (Barbados Today 9 Dec. 2014)

Country Reports 2014 similarly reports that LGBT persons "faced discrimination in employment, housing, and access to education and health care" (US 25 June 2015, 12). The same report states that, according to activists, "while many individuals lived open LGBT lifestyles … societal discrimination against LGBT persons occurred" (ibid.).

In correspondence with the Research Directorate, the Executive Director of B-GLAD stated that "many" LGBT couples are "forced to hide their relationship to avoid discrimination" (17 Nov. 2015). The same source states that same-sex couples from lower socio-economic backgrounds have more difficulty with "gaining employment, raising a family" and accessing the benefits available to heterosexual couples (ibid.).

2.3 Incidents of Violence

Information on violence against LGBT persons was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. According to Country Reports 2014, LGBT activists reported "few" incidences of violence, "but suggested that social stigma and fear of retribution or reprisal rendered the problem underreported" (US 25 June 2015, 12). According to the B-GLAD Executive Director, violence against LGBT persons usually occurs within domestic situations, with youth disproportionately "falling victim to sexual, physical and verbal assault within their families," with young gay men facing high levels of "rejection and abandonment…from their families" (B-GLAD 17 Nov. 2015). The same source further states that those that do not fit the "gender norm," such as "very effeminate men, transgender women and butch lesbians" are "tremendously at risk" in Barbados, and have been subject to physical and sexual violence (ibid.). The source also states that B-GLAD received "reported incidences of arson, rape of both males and females, attempted suicide, homelessness, verbal abuse, depression and assault" (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. State Protection

According to sources, there are no legal protections for those who face discrimination as a result of their sexual orientation (Freedom House 2015; B-GLAD 17 Nov. 2015; US 25 June 2015, 12).

3.1 Treatment by Police

Citing the presentation by B-GLAD, Barbados Today reports that "most members of the LGBT community do not report matters to the police out of fear of 'negative repercussions or facing ridicule'" (Barbados Today 9 Dec. 2014). Country Reports 2014 states that, according to activists, LGBT individuals have faced "disapprobation [condemnation] by police officers" (US 25 June 2015, 12). According to the UN Human Rights Council's Report of the Working Group on the Universal Periodic Review for Barbados, police in Barbados have been "denounced as discriminatory" in their treatment of victims who are LGBT (UN 9 Nov. 2012, para. 27).

According to the B-GLAD Executive Director, "some" police are well trained in handling cases in which LGBT persons are targeted, while others "can be very dismissive of gay men and transwomen" (B-GLAD 17 Nov. 2015). The same source states that "justice is very rarely served" in these cases "and many charges are dropped due to many years of waiting [or] missing reports" (ibid.).

According to Tomlinson, the police in Barbados were given a one-day LGBT sensitivity training session (Tomlinson 6 Mar. 2013).

4. Support Services

Information on support services available to the LGBT community in Barbados was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. Without providing further detail, Tomlinson reports that the Barbadian government has "provided a major LGBT group … United Gay and Lesbian Society of Barbados (UGALAB) with office space for its HIV outreach" (6 Mar. 2013). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources describe B-GLAD as the "leading" (Antillean Media Group 1 Dec. 2014) or "sole" LGBT advocacy group in Barbados (Bajan Reporter 24 June 2015). According to their website, B-GLAD aims to serve as a "pressure group" to encourage anti-discrimination laws for LGBT persons, provides support and resources to "LGBT individuals, groups and companies," promotes sexual and mental health, and encourages individuals to report hate crimes and discrimination (B-GLAD n.d.). According to the B-GLAD Executive Director, they are "the only NGO that caters specifically to the LGBT community" in Barbados, though due to limited resources, they "fall short in providing for all the needs of the community" (18 Nov. 2015). The same source further states that B-GLAD has "no provisions for shelters and minimal legal assistance," though they have allied with, and referred some individuals to, the Legal Fraternity for legal assistance (ibid.). The source further states that B-GLAD focuses on "sexual health and community needs" through youth groups, community spaces and events (18 Nov. 2015).

5. Attitudes Towards Bisexuality

Information on societal attitudes towards bisexuality was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. According to the B-GLAD Executive Director, bisexuality amongst "gender conforming women and men" is not usually seen as problematic as their "sexuality is generally invisible" (B-GLAD 17 Nov. 2015). The source further states that those "who do not gender conform or who have differing forms of gender expression than the average heterosexual person can be at risk for social exclusion" (ibid.). Further and corroborating information on social attitudes towards bisexuality could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] Erasing 76 Crimes is a blog launched by a retired journalist that reports on the human rights of LGBT persons in the more than 76 countries that have anti-LGBT laws (Erasing 76 Crimes n.d.). Maurice Tomlinson , an attorney from Jamaica, has been active in LGBT activism in the Caribbean for over 12 years (ibid.).

References

Antiellean Media Group. 1 December 2014. "CariFLAGS asks Stuart to State Barbados' Position on Gays." [Accessd 13 Nov. 2015]

Bajan Reporter. 24 June 2015. "Elizabeth II Recognises Barbadian LGBT Community and NGO Via Youth Leadership Award." [Accessed 13 Nov. 2015]

Barbados. 1992 (amended 1993). Sexual Offenses Act. [Accessed 23 Nov. 2015]

Barbados - Gays, Lesbians and All-Sexuals Against Discrimination (B-GLAD). 18 November 2015. Correspondence from the Executive Director to the Research Directorate.

_____. 17 November 2015. Correspondence from the Executive Director to the Research Directorate.

_____. N.d. "About Us." [Accessed 13 Nov. 2015]

Barbados Today. 9 December 2014. Carol Williams. "Covert Oppression." [Accessed 29 Oct. 2015]

_____. 21 November 2014. "Confusion Over Buggery Laws." [Accessed 29 Oct. 2015]

Erasing 76 Crimes Blog. N.d. "About." [Accessed 13 Nov. 2015]

Freedom House. 2015. "Barbados." Freedom in the World 2015. [Accessed 10 Nov. 2015]

International Lesbian, Gay, Bi, Trans and Intersex Association (ILGA). May 2015. "Barbados." State-Sponsored Homophobia. A World Survey of Laws: Criminalisation, Protection and Recognition of Same-Sex Love. 10th Edition. [Accessed 2 Dec. 2015]

Jackman, Mahalia. 15 October 2015. "They Called it the 'Abominable Crime': an Analysis of Heterosexual Support for Anti-Gay Laws in Barbados, Guyana and Trinidad and Tobago." Sexuality Research and Social Policy. [Accessed 9 Nov. 2015]

Tomlinson, Maurice. 6 March 2013. "Progress in Barbados Despite Harsh Anti-Gay Laws." Erasing 76 Crimes Blog. [Accessed 30 Oct. 2015]

United Nations (UN). 12 March 2013. Human Rights Council. "Barbados." Report of the Working Group on the Universal Periodic Review. A/HRC/23/11. < http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A-HRC-23-2_en.pdf > [Accessed 10 Nov. 2015]

_____. 9 November 2012. Human Rights Council. "Barbados." Compilation Prepared by the Office of the High Commissioner for Human Rights in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21. A/HRC/WG.6/15/BRB/2 <&http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=50cb3e702&skip=0&query=LGBT&coi=BRB&searchin=title&sort=date> [Accessed 10 Nov. 2015]

United States (US). 25 June 2015. Department of State. "Barbados." Country Reports on Human Rights Practices for 2014. [Accessed 9 Nov. 2015]

Additional Sources Consulted

Oral sources: Caribbean Alliance for Equality; International Lesbian, Gay, Bisexual, Trans and Intersex Association.

Internet sites, including: Amnesty International; ARC International; The Barbados Advocate; Caribbean Alliance for Equality; Caribbean Community Secretariat; ecoi.net; Factiva; GlobalGayz; Human Rights First; Human Rights Watch; International Service for Human Rights; Kaleidoscope Trust; Organization for Refuge, Asylum & Migration; Organization of American States-Rapporteurship on the Rights of LGBTI Persons; OutRight Action International; Pink News; The Silver Lining Foundation; United Nations-Office of the High Commissioner for Human Rights, Refworld.